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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Limited competence
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110
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The EPO has limited its competence as IPEA under certain conditions. The EPO will not carry out international preliminary examination in respect of any international application filed by a national or resident of the United States of America with the USPTO or the IB, where such application contains one or more claims relating to the field of business methods (see point 90). The limitation applies if the demand is filed at the EPO on or after 1 March 2002 and before 1 March 2007. An extension of the duration of the limitation is likely. Up-to-date information can be obtained from the sources referred to in point 2.
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Agreement EPO-WIPO, Art. 3(4)
OJ 2001, 601
OJ 2002, 52 and 175
OJ 2003, 633
OJ 2005, 149
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111
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Such limitation also applies to international applications containing one or more claims relating to the field of telecommunications if the demand was filed at the EPO after 1 March 2002 and before 1 July 2004.
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112
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Where the IB was receiving Office, the EPO is also not competent as IPEA for international applications concerning business methods (see point 110) or telecommunications (see point 111), if the international application could have been filed with the USPTO, unless the application could have been filed also with the EPO as receiving Office.
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